CITY OF ANDOVER NEIGHBORHOOD REVITALIZATION PLAN

Transcription

1 CITY OF ANDOVER NEIGHBORHOOD REVITALIZATION PLAN Adopted August 25, 2015 Expires December 31, 2018 Attorney General Office: Adopted

2 CITY OF ANDOVER, KANSAS NEIGHBORHOOD REVITALIZATION PLAN PURPOSE This City of Andover, Kansas Neighborhood Revitalization Plan (the Plan ) shall take effect on January 1, 2016 and is intended to promote the revitalization and development of certain areas within the City of Andover, Kansas (the City ) in order to protect the public health, safety, and welfare of the residents of the City. More specifically, through the Plan the City, Butler County, USD No. 385, and Butler Community College, to the extent the same participate and adopt the Plan, offer property tax rebates for certain improvements or renovation of property within the designated areas in accordance with the provisions of K.S.A ,114 et seq. (the Act ). NEIGHBORHOOD REVITALIZATION DISTRICT The City s Neighborhood Revitalization District (the District ) includes those areas depicted on the District map included as Exhibit A to this Plan and legally described in Exhibit B to this Plan. The map included as Exhibit C to this Plan contains the zoning classifications and existing and proposed land uses for all areas within the District, all as of the adoption of this Plan. Exhibit D to this Plan contains the names and addresses of all property owners within the District as of the adoption of this Plan. The appraised valuation of the real estate contained in the Neighborhood Revitalization Area is available at the Butler County Courthouse at 205 West Central El Dorado, KS and via the Butler County, Kansas web site at Subject to the terms and conditions of the Act and this Plan, the owner of property and improvements participating in the Plan may receive a rebate of a portion of the incremental increase in real property taxes resulting from any increased appraised property valuation from the approved improvements. CRITERIA FOR DETERMINATION OF ELIGIBILITY I. Subject to the requirements of this Plan, all real property improvements (including rehabilitations 1, alterations and additions to any existing structures and construction of new structures) within the District are eligible for participation in the Plan. II. Subject to the requirements of this Plan, improvements to dilapidated structures, as defined in the Act, which are outside of the District are eligible for participation in the 1 Projects that are more likely to increase a structure s appraised value include additions and major renovations etc. Projects such as painting and carpet, windows, siding, are eligible, but may not result in much, if any, increase in value (and consequently, little if any tax rebate).

3 Plan upon approval by the City Council. Dilapidated structures include any building which is at least 25 years old and which is in deteriorating condition by reason of obsolescence, inadequate provision of ventilation, light, air or structural integrity or is otherwise in a condition detrimental to the health, safety or welfare of its inhabitants, or which is in deteriorating condition and because of age, architecture, history or significance is worthy of preservation. III. City Staff will use the following criteria to determine eligibility for participation in the Plan and property tax rebates: A. Construction of improvements must begin on or after the application date. No applications will be accepted for completed or under-construction improvements. B. Residential: Improvements must have a value of at least $25,000 based upon building permit value. C. Commercial/Industrial: Improvements must have a value of at least $50,000 based upon building permit value. D. Upon completion, all existing and new existing improvements on the subject property must conform to all City codes and regulations in effect at the time the improvements are made. Building permits must be approved before commencement of construction. Only one building permit will be required for each application and will be available at no charge. E. City and County Staff shall have the authority and discretion to approve or reject applications based on the eligibility standards and review criteria contained herein and in the Act. If any applicant is dissatisfied with City Staff s decision, a written appeal may be submitted to the City Council for final determination. If any applicant is dissatisfied with County Staff s decision, a written appeal may be submitted to the Butler County Board of Commissioners. F. A property may only participate in one tax incentive program at a time. For example, improvements constructed in a tax increment finance district or with the proceeds of industrial revenue bonds are not eligible for participation in the Plan. APPLICATION PROCEDURE Prior to filing an application for a tax rebate, the following steps must be taken: A. Application Forms: The application form is included as Exhibit E to this Plan. B. COMPLETE PART I: Prior to the commencement of construction on any improvement or new construction, the property owner must complete and submit

4 to the City Building Official, Part I of the application together with a nonrefundable $25.00 application fee payable to the City. C. Preliminary Approval and County Inspection: The City will forward the application to the County after certifying the application, property, and proposed improvements meet the requirements of this Plan and the Act. The County Appraiser s office will return a copy of Part I to the City and the applicant within fifteen (15) working days indicating approval or denial of participation in the Plan. D. Notice of Final Approval and Procedure Construction: Upon approval, the City Clerk will forward a copy of Part I to the City Building Inspector for notification and information purposes. The County Appraiser will forward a copy of the application to the County Clerk for monitoring purposes. Note: Commencing construction prior to receiving this notice from the City will cause the property and improvements to be ruled ineligible for participation. E. COMPLETE PART II: If construction of the improvements has not been completed by January 1 of any year, the property owner must complete and submit to the City Building Official, Part II of the application by January 30 of the same year. F. The owner will have a maximum of one year to complete the improvements. Applicants are not allowed to phase-in improvements and a property may only have one active rebate at a time. G. COMPLETE PART III: Immediately upon completion of the improvements, but no later than November 1 of the year in which the improvements are completed, the property owner shall file Part III of the application with the City Building Official. Upon receipt of Part III, and no later than December 1, the City Building Official s Office will conduct an on-site inspection of the construction project (improvement, rehabilitation, or new) to confirm completion, confirm compliance with all applicable building codes and regulations, and issue any occupancy permits. The City Building Official may deny the property and improvements participation in the Plan for any violation of applicable building codes or regulations or failure to qualify for an occupancy permit. H. New Valuation: After confirmation of completion by City Building Official s Office, the completed application will be forwarded to the County, certifying the property and improvements are in compliance with the eligibility requirements for the Plan. In accordance with its procedures, the County Appraiser will report the new valuation to the County Clerk by June 15 th.

5 FURTHER TERMS AND CONDITIONS A. Applicants may not phase-in improvements. Additional increases in valuation to the property shall not be considered in the rebate calculation after the original improvement value is established by the County Appraiser. Construction must be on one parcel at one time. Parcels are determined by CAMA Number. B. All current and future rebates will be immediately forfeited with respect to any property for which payment to Butler County of any real estate tax, including special assessments, becomes delinquent; however, such rebates may be reinstated, at the City s sole discretion, upon full payment of such taxes and assessments; provided further, rebates may only be reinstated one time during the property s participation in the Plan. No rebates shall be reinstated if the property was disqualified from the City s previous neighborhood revitalization plan prior to August 1, 2015 or has previously been allowed back into this Plan after being delinquent on taxes or assessments. C. If the property that has been approved for a tax rebate is sold, the rebate remains in effect and will transfer to the new property owner. Only owners are eligible for tax rebates. D. Upon timely payment in full of all real estate tax and special assessments for the property, a rebate of the taxes related to the valuation improvement (less a 5% administrative fee) will be made to the property owner within 45 days of the tax due date. Butler County will issue the rebate checks to the individual taxpayers. E. No rebate will be provided for any property with open valuation and/or classification appeals until all disputes have been fully litigated. REBATE FORMULA Program Period: Rebate Period: Rebate Amount: This Plan will terminate on December 31, 2018, unless terminated sooner by State action or extended by the parties to the interlocal cooperation agreement. Rebates granted under this Plan will be in effect for: (i) 5 years for rehabilitations, alterations, or additions. (ii) 5 years for new construction on a vacant lot (if demolishing an existing structure, rebate can be maximized by leaving the lot vacant until the next regular appraisal in January). Rebates granted under this Plan shall be calculated as: (i) 45% of the property tax corresponding to the increase in appraised value (on building only, not land) resulting from new construction as identified on the application. The

6 increase in appraised value will not necessarily match the construction cost shown on the building permit. 2 (ii) 95% of the property tax corresponding to the increase in appraised (on building only) resulting from rehabilitation/repair as indentified on the application. The increase in appraised value will not necessarily match the construction cost shown on the building permit. 3 The rebate amount shall remain constant for the duration of the rebate period (i.e. changes in value due to market factors shall not affect the amount of the rebate). Five percent (5%) of the tax corresponding to the increase in appraised value will be retained by the Butler County Clerk s Office to cover administrative costs that include data entry, database management, software licensing and updates, and rebate calculation and processing. 2 Projects that are more likely to increase a structure s appraised value include additions and major renovations etc. 3 Projects that are more likely to increase a structure s appraised value include additions and major renovations etc.

7 EXHIBIT A NEIGHBORHOOD REVITALIZATION DISTRICT MAP The current NEIGHBORHOOD REVITALIZATION DISTRICT map is available at the Andover City Hall located at 1609 E Central, Andover KS The current NEIGHBORHOOD REVITALIZATION DISTRICT map is also available online at

8 EXHIBIT B NEIGHBORHOOD REVITALIZATION DISTRICT LEGAL DESCRIPTION The following described tracts, all inside the Andover City Cooperate Limits, shall be included in the Neighborhood Revitalization Program. Tract #1 Beginning at the Southwest corner of Lot 1, Block 1, of Cornerstone Commercial Addition in Butler County Kansas, Thence northerly to the Southwest corner of Lot 1 Block 1 of Cornerstone School Addition of Butler County Kansas, Thence easterly to the Northeast corner of Lot 2 Block 1 of Cornerstone Office Addition of Butler County Kansas, thence south to the Southeast corner of Cornerstone Commercial Addition, thence easterly to Southeast corner of reserve A of Cornerstone 1st Addition of Butler County Kansas, thence northerly to the Southeast corner of said reserve tract A, thence easterly to the Southeast corner of parcel 15 of the Cornerstone PUD Amendment 5, thence southerly along the west right of way line of Andover Road to the Southeast corner of Parcel 1 of the Cornerstone PUD Amendment 5, thence westerly along the north right of way line of 21st Road to the point of beginning. Tract 2 Beginning at the Northwest corner of section 7, Township 27, Range 3 East of the 6th pm, thence easterly along the north line of said section feet, thence south to the northeast corner of Lot 13, Block 1 of Quail Crossing Phase 2 an addition of Butler County Kansas, thence westerly along the north line of said addition to the west line of section 7, thence northerly to the point of beginning, excluding right of way. Tract 3 Beginning at the northwest corner of Lot 2, Block 1, of Andover Heights 8th Addition in Butler County Kansas, thence easterly to the Northeast corner of Lot 3, Block 1 of said addition, thence south to the Southeast corner of said Lot, thence southwesterly to the Southwest corner of Lot 2, of Block 1 of said addition, thence northerly along the west line of said addition to the point of beginning. Tract 4 Beginning at the northwest corner of Lot 1, Block A of Woods addition in Butler County Kansas, thence east to the east right of way line of Andover Road, thence south along the west right of way of Andover Road to the Southeast corner of Lot 10, Block 4 of Andover Heights Addition in Butler County Kansas, westerly to the southwest corner of Lot 6, Block 4 of Andover Heights in Butler County Kansas, thence north to the point of beginning. Tract 5 Beginning at the Northwest corner of Lot 1, Block 1, of Andover Landing Addition in Butler County Kansas, thence east feet, thence southerly feet to a point on the West line of Lot 1, Block 1, of Andover landing 2nd Addition in Butler County Kansas, thence southeasterly feet along the east line of said Lot 1, thence easterly feet to the Northeast corner of said Lot 1, thence south feet along the west line of said Lot 1, thence west feet, thence south feet, thence east 74 feet, thence south 330 feet to the north right of way line of Aaron Drive, thence south to the south right of way line of Aaron Drive, thence south feet, thence south to a point 1040 feet north and feet East of the Southwest Corner of Section 8, Township 27 South, Range 3 East of the

9 6th PM in Butler County Kansas, thence west to the east right of way line of Andover Road, thence north along the east right of way line of said road to the point of beginning. Tract 6 Beginning at the Northeast corner of the Southeast quarter of section 7, Township 27 of Range 3 East of the 6th PM in Butler County Kansas, thence south along the west of said section to the Southeast corner of corner said section, thence west along south line of said section feet, thence north 50 feet to the Southwest corner of reserve tract a 1, Cedar Park Addition in Butler County Kansas, thence north along the west right of way line of Lakeside Drive to the Northwest corner of reserve tract a 2 of said addition, thence east to the Northwest corner of Lot 10, Block 3, of said addition, thence Northeasterly feet to the Northwest corner of Lot 9, Block 3 of said addition, thence northerly to the Northeast corner of reserve tract c of cedar Park Addition in Butler County Kansas, thence northeasterly Southwest corner of Rison s Reserve In Butler County Kansas, Thence north to the south right of way line of Allison Street, thence along the south right of way to the point of beginning, less right of way. Tract 7 Beginning at the Northwest corner of Lot 1 Block 1 of Heorman Addition in Butler County Kansas, thence southeasterly along the railroad right of way to the intersection of the west line of the quarter section of the Southeast Quarter Section of section 8, Township 27 South, Range 3 of the 6th PM in Butler County Kansas, thence south along section line to the north right of way line of 13th street, thence west along the north right of way line of 13th street to the intersection of the east right of way line of Andover Road, thence north along the east right of way line of Andover Road to the point of beginning. Tract 8 Beginning at the intersection of the south right of way line of 13th Street and the east line of the Northwest quarter of the Northeast quarter of Section 17, Township 27 South, Range 3 of the 6th PM in Butler County Kansas, thence south to the Southeast corner of the of the Northwest Quarter of the Northeast Quarter of said Section, thence west to the center section of section 17, thence west to the northwest corner of reserve tract A of Crescent Lakes Addition phase 4 in Butler County Kansas, thence south to the Northwest corner of Lot 1, Block 1, Crescent lakes Addition in Butler County Kansas, thence south to the Southwest corner of Lot 5, Block 1 in Butler County Kansas, thence south feet, thence east 200 feet, thence south to the Southwest corner of Lot 19, Block 1 of said addition, thence south to the north right of way line of Central Ave, thence west along the North right of way line of central to the intersection of the east right of way line of Andover Road, thence north along the east right of way line of Andover Road to the south right of way of 13th street, thence east along the south right of way line of 13th street to the point of beginning. Tract 9 The Southwest Quarter of Section 9, Township 27 South, Range 3 East in Butler County Kansas; and beginning at the Northeast corner of the Southeast Quarter of Section 8, Township 27 South, Range 3 East in Butler County Kansas, thence west along the north line of said quarter section to the Northwest corner of Lot 11, Block E, of Easter s 1st Addition Revised in Butler County Kansas, thence south to the southwest corner of said Lot, thence east to northwest corner of Lot 10, Block E, of said addition, thence south to northwest corner of Lot 9 of said addition, thence west 20 feet, thence south to the north line of Lot 3, thence east northwest corner of said addition, thence south to the southwest corner of Lot 6 of said addition, thence south to the south right of way line for Gwenda Street, thence west to a point 903 fee West and feet North of the Southeast corner of the Northeast Quarter of the Southeast Quarter of Section 8, Township 27 South, Range 3 East in Butler County Kansas, thence south

10 feet, thence east to the east section line of Section 8, Township 27 South, Range 3 East in Butler County Kansas, thence north to the point of beginning. Tract 10 Beginning at the intersection the north right of way line of Central Ave and the west right of way line of Andover Road, thence west along the north right of way line of Central Ave to the west line of the Southeast Quarter Section of Section 18, Township 27 South, Range 3 East of the 6th PM in Butler County Kansas, thence north along the west line of said quarter section to the Northwest corner of the Southeast Quarter Section of said section, thence east along the north line of said quarter section to the west line of the Northeast Quarter Section to Section 18, Township 27 South, Range 3 East of the 6th PM in Butler County Kansas, thence north along the west line of said east half quarter section to the south right of way line of 13th Street, thence east along the south line of the right of way of 13th Street to the west right of way line of Andover Road, thence south along the west right of way line of Andover Road to the point of beginning. Tract 11 Beginning at the intersection of the north right of way US Highway 54 and the west right of Andover Road, thence north along the west right of way of Andover Road to the south right of way of Central Ave, thence west along the south of right of way line Central Ave to the east right of way line of Lioba Street, thence south along the east right of way line of Lioba to the north right of way line of Douglass Ave, thence east along the north right of way line of Douglas Ave to a point on the north right of way of Douglas Ave 200 feet west of the east section line of section 19 Township 27 South, Range 3 East of the 6th PM in Butler County Kansas, thence south to the northwest corner of Lot 11, Block 3, of Andover Village Addition in Butler County Kansas, thence south to the Southwest corner of Lot 17, Block 2, of said addition, thence west to the southwest corner of Lot 16, Block 2, of said addition, thence south to the southeast corner of Lot 4, Block 2, of said addition, thence southeasterly to the northeast corner Lot 2, Block 2 of Village Addition in Butler County Kansas, thence southerly to the southeast corner of Lot, Block 2 of said addition, thence southwesterly to the northwest corner of Lot 1, Block 1, Bruam s Addition in Butler County Kansas, thence south to the southwest corner Lot 2, Block A, of Prairie Star Addition in Butler County Kansas, thence easterly along the north right of way line of US Highway 54 to the point of beginning. Tract 12 Beginning at the intersection of the south right of way line of Central Ave and the east right of way line of Andover Road, thence south along the east right of way line of Andover Road to the north right of way line of US Highway 54, thence east along the north right of way line of US Highway 54 to the west right of way line of Sunset said point being the Southeast corner of Lot 5, Block 1, of Andover Crossing Addition in Butler County Kansas, thence north along the west line of Lot 1 of said addition feet, thence northwesterly feet, thence west feet to South right of way line of Westview Road, thence northeasterly to the intersection of the north line of Westview Road and the west right of way line of Sunflower Road, thence northerly along the west right of way line of Sunflower Road to the south right of way line of Willowbrook Road, thence north to the north right of way line of Willowbrook Road, thence west along the north line of Willowbrook Road to the west line of Sunset Road, thence northerly along the west right of way line of Sunset Road to the northeast corner of Lot 10, Block H, of Willowbrook 2nd Addition in Butler County Kansas, thence northeasterly to the southeast corner of Lot 10, Block I, of Willowbrook 2nd Addition, thence northwesterly to the northeast corner of said Lot, thence northerly 610 feet more or less to a point 289 feet east of the northeast corner of Lot I, Block I, of Willowbrook 2nd Addition in Butler County Kansas, thence northerly to the southwest corner of Lot 4,

11 of Hill Top Addition in Butler County Kansas, thence east along the north right of way line of Douglas Ave to the west line of Shay Road, thence northerly along the west right of way line of Shay Road to the south right of way line of Central Ave, thence west along the south right of way line of Central Ave to the point of beginning. Tract 13 Beginning at the intersection of the south right of way line of US Highway 54 and west right of way line of Andover Road, thence south along the west right of way line of Andover Road to the north right of way line of Harry Street, thence west along the north right of way of Harry Street to the southwest corner of Lot 6, of Green Acres Addition in Butler County Kansas, thence north along the west line of the Southeast Quarter of the Southeast Quarter of Section 30, Township 27 South, Range 3 East, of the 6th PM in Butler County Kansas, to the Northeast corner of the Southeast Quarter of the Southeast Quarter of said Section, thence west along the south line of the north half of said section to the southwest corner of the east half of the Northwest Quarter of Section 30, thence north along the west line of the East half of the Northwest Quarter to a point 1743 feet south of the north line of said Section, thence west to the east right of way line of 159th street, thence north along the east line of 159th Street to the south right of way line of US Highway 54, thence east along the south line of US Highway 54 to the point of beginning, Except excluding the Northwest Quarter of the Northeast Quarter Section of 30, Township 27 South Range 3 East in Butler County Kansas. Tract 14 Beginning at the intersection of west line of the east half of section 20, Township 32 South, Range 3 East in Butler County Kansas and the north right of way line of US Highway 54, thence north feet along the west line of the east half of said section, thence east 475 feet, thence south 365 feet, thence east 208 feet to the west right of way line of Archer Street, thence south 80 feet, thence east to the east right of way line of Archer Street, thence south along the east right of line of Archer Street to a point 535 feet east and 298 feet north of the Southwest Corner of the Southeast Quarter of said Section, thence east 200 feet, thence south feet, thence west to the point of beginning. Tract 15 Beginning at the northeast corner of Lot 3, Block B, Highlands 1st Addition in Butler County Kansas, thence south along the west right of way line of Prairie Creek to the southeast corner of Lot 20, Block E, of Highlands 3rd Addition in Butler County Kansas, thence along the south line of said addition to the southwest corner of Lot 15, Block E, of said addition, thence north to the southwest corner of Lot 1, Block A, Highlands 1st Addition in Butler County Kansas, thence west 100 feet, thence north 180 feet to

12 EXHIBIT C ZONING CLASSIFCATION AND LAND USE MAP The current zoning classification and land use map is available at the Andover City Hall located at 1609 E Central, Andover KS The current zoning classification and land use map is also available at

13 EXHIBIT D PROPERTY OWNERS WITHIN THE DISTRICT The current property owners within the Neighbor Revitalization District are available at the Butler County Courthouse 205 West Central, El Dorado, KS and the Butler County, Kansas web site at

14 EXHIBIT E FORM OF APPLICATION see next page

15 CITY OF ANDOVER 2016 NEIGHBORHOOD REVITALIZATION PLAN APPLICATION FOR TAX REBATE PART I Pre-Construction Owner s Name: Daytime Phone No. Owner s Mailing Address: Address of Property: CAMA No. (Found on your tax statement or call the County Appraiser s office) Legal Description of Property: Lot: Block: Subdivision Other legal description (if needed): Residential* Commercial Industrial New SELECT ONE Rehab *If residential: Residence Other (explain) Single Family or Multi-Family Number of Units Does the applicant own the land? Yes No Are the property taxes paid up-to-date? Yes No Will the proposed project be on a foundation? Yes No Will it be permanently attached to the property? Yes No

16 Improvements and associated cost: (provide rough draft drawings and dimensions) (Use additional sheets if necessary) Estimated or Actual Cost of Improvements: Materials $ Labor $ (Documentation is needed, even hand-written estimates) Construction estimated to begin on: Estimated date of completion of construction: List of buildings proposed to be or actually demolished: I have read and do hereby agree to follow all application procedures and criteria. I further understand that this application will void six months from the date below, if improvements or construction have not begun. Signature of Owner Date **A non-refundable $25 application fee must accompany this application.**

17 Acknowledgement I have received a copy of the City of Andover Kansas, 2012 Neighborhood Revitalization Plan and the application form and by my signature, I have read and am applying for a Butler County tax rebate based on my investment and the incremental increase in appraised value of the project after improvements. One dollar spent is not necessarily equal to one dollar of increased value. Any questions regarding said values should be addressed to the Butler County Appraiser s Office. I acknowledge this program is not official until the State Attorney General approves. In such unlikely scenario, my $25.00 NRP application fee will be refunded. City of Andover building permit fees associated with this application will not be refunded. Signature of Owner Date I find this application complete and recommend its consideration for any and all tax rebates subject to the Butler County Kansas taxing authority. Building Official Date Building Permit Number FOR COUNTY APPRAISER S USE ONLY Based upon the above listed improvements and associated costs supplied by the applicant, the improvement initially may or may not meet the terms for a tax rebate. By: (Butler County Appraiser s Office) Date: Copy to: Applicant County Appraiser File

18 CITY OF ANDOVER 2016 NEIGHBORHOOD REVITALIZATION PLAN APPLICATION FOR TAX REBATE PART II (Optional) January Status of Completion Owner s Name: Daytime Phone No. Owner s Mailing Address: Address of Property: Building Permit # assigned: As of January 1 following commencement of construction, the improvements are approximately % complete. Signature of Applicant Date FOR COUNTY APPRAISER S USE ONLY As of, taxes and special assessments on this parcel of property are or are not delinquent. By: (Butler County Appraiser s Office) Date:

19 CITY OF ANDOVER 2016 NEIGHBORHOOD REVITALIZATION PLAN APPLICATION FOR TAX REBATE PART III Completion of Construction Owner s Name: Daytime Phone No. Owner s Mailing Address: Address of Property: Building Permit # assigned: As of, the construction is complete. Signature of Owner Date As of, the final inspection has been performed. Building Official Date FOR COUNTY APPRAISER S USE ONLY As of, taxes and special assessments on this parcel of property are or are not delinquent. By: (Butler County Appraiser s Office) Date: